(1.) This appeal is filed by the defendant challenging the judgment and decree dtd. 14/11/2007, passed by the X Additional City Civil & Sessions Judge, Bangalore in O.S.No.5037/2002, whereby the suit filed by the plaintiff is decreed.
(2.) For the sake of convenience, parties are referred to as per their ranking before the trial Court.
(3.) The case of the plaintiff is that she is the absolute owner in possession of site Nos.12 and 13 formed out of Sy.No.24/1B situated at Chikkamaranahalli, Yeshwanthapura Hobli, which originally belonged to joint family of the plaintiff. In partition, it has come to the share of plaintiff's mother Muniyamma. She died in the year 1986. Thereafter, there was a settlement on 8/2/2001, between the plaintiff and her brother. The suit schedule property fell to the share of the plaintiff. From that day, she is in possession of the suit schedule property. It is the further case of the plaintiff that earlier defendant had filed a suit for recovery of money, which came to be dismissed and thereafter, filed the suit for specific performance of contract. The suit for specific performance came to be dismissed as not maintainable on 29/1/1998. Thereafter, being aggrieved by the same, she filed an appeal in RFA No.276/1998 before this Court. The said appeal was dismissed on 2/8/2000. Thereafter, the plaintiff demanded the defendant to handover the vacant possession of the property in the first week of March 2002. Since she has denied the same, the plaintiff has filed the suit for possession.